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2025 DAILYLAW 10120 (ORI)

BALABHADRA DIGAL v. STATE OF ODISHA

ABLAPL/532/2025 · 2025-01-17

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.532 of 2025 1) Balabhadra Digal ..... Petitioners 2) Srikanta Digal Represented By Adv. – Mr. Surendra Kumar Biswal -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party- State. 3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Phulbani Sadar P.S. Case No.120 of 2024, corresponding to C.T. Case No.499 of 2024, pending in the court of learned S.D.J.M., Phulbani, registered for alleged commission of offences punishable under Sections 143/147/324/149 of the I.P.C. 4. It is stated by the learned counsel for the Petitioners that Page 2 of 3. the Petitioners the Petitioners had earlier approached this Court by filing ABLAPL No.13164 of 2024, which was disposed of on 29.11.2024 with the observation that the alleged offences are bailable in nature. He further contended that subsequently, 307/506 of the I.P.C. has been added. Learned counsel for the Petitioners further contended that injuries sustained by the injured are simple in nature. He further contended that injuries sustained by the injured are simple in nature. He further contended that there is no allegation of commission of any overt act by the present Petitioners. He further contended that the Petitioners do not have any criminal antecedent, therefore, there is no chance of their absconding. 5. Taking into consideration the submissions made by the learned counsels appearing for the respective parties as well as consideration the materials on record, although this Court is not inclined to grant pre-arrest bail to the Petitioners, however it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners as well as injury report. In the event it is found by the court below that the Petitioners are having any criminal antecedent or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. While imposing conditions, Page 3 of 3. the court in seisin over the matter shall also impose conditions whereby the Petitioners shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required by the I.O. for the purpose of investigation; they shall not indulge in similar criminal activities while on bail; and they shall not threaten/harass/terrorize the Informant or any of the prosecution witnesses while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis